[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2892 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2892

     To provide for Federal-State partnerships in order to provide 
  sufficient prison space for particularly dangerous State offenders.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1993

 Mr. McCollum introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To provide for Federal-State partnerships in order to provide 
  sufficient prison space for particularly dangerous State offenders.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violent Crime Control and Regional 
Prison Partnership Act of 1993''.

SEC. 2. FEDERAL-STATE PARTNERSHIPS FOR REGIONAL PRISONS.

    (a) Plan Created by Attorney General.--The Attorney General shall--
            (1) establish a Regional Prison Task Force comprised of--
                    (A) the Director of the Federal Bureau of Prisons; 
                and
                    (B) a senior correctional officer of each State 
                wishing to participate, who is designated for this 
                purpose by the Governor of the State; and
            (2) create a plan, in consultation with the Regional Prison 
        Task Force for the establishment of a nationwide regional 
        prison system, and report that plan to the Committees on the 
        Judiciary and Appropriations of the House of Representatives 
        and the Senate not later than 180 days after the date of the 
        enactment of this Act.
    (b) Scope of Plan.--The plan shall--
            (1) define the boundaries and number of regions in which 
        regional prisons will be placed;
            (2) establish the terms of the partnership agreements that 
        States must enter into with the Attorney General in order to 
        participate in the regional prison system;
            (3) set forth the extent of the role of the Federal Bureau 
        of Prisons in administering the prisons;
            (4) determine the way 2 or more States in a region will 
        share responsibility for the activities associated with the 
        regional prisons; and
            (5) specify both the Federal responsibility and the State 
        responsibility (which shall not be less than 50 percent) for 
        construction costs and operating costs of the regional prisons.
    (c) State Eligibility.--No State may send any prisoner to be held 
at a regional prison established under this section unless such State, 
as determined by the Attorney General--
            (1) enters into a partnership agreement under this section 
        and abides substantially by its terms;
            (2) establishes minimum mandatory sentences of 10 years for 
        persons who are convicted of a serious felony and are 
        subsequently convicted of a crime of violence involving the use 
        of a firearm or a crime of violence involving a sexual assault;
            (3) establishes a truth in sentencing policy under which 
        offenders will serve no less than 85 percent of the term of 
        imprisonment to which they are sentenced--
                    (A) after the date the State enters into the 
                partnership agreement, with respect to crimes of 
                violence involving the use of a firearm or a crime of 
                violence involving a sexual assault; and
                    (B) after a date set by the State which is not 
                later than 2 years after that State enters into such 
                agreement, with respect to all other crimes of violence 
                and serious drug trafficking offenses;
            (4) provides pretrial detention similar to that provided in 
        the Federal system under section 3142 of title 18, United 
        States Code;
            (5) takes steps to eliminate court imposed limitations on 
        its prison capacity resulting from consent decrees or statutory 
        provisions; and
            (6) provides adequate assurances that--
                    (A) such State will not use the regional prison 
                system to supplant any part of its own system; and
                    (B) funds provided by the State for the 
                construction of regional prisons under this section 
                will be in addition to what would otherwise have been 
                made available for the construction and operation of 
                prisons by the State.
    (d) Prisoner Eligibility.--A State which is eligible under this 
section may send prisoners convicted of State crimes to serve their 
prison sentence in the regional prison established under this section 
if--
            (1) the prisoner has been convicted of not less than 2 
        crimes of violence or serious drug trafficking offenses and 
        then commits a crime of violence involving the use of a firearm 
        or a crime of violence involving a sexual assault; or
            (2) the prisoner is an illegal alien convicted of a felony 
        offense punishable by more than 1 year's imprisonment.
    (e) Definitions.--As used in this section--
            (1) the term ``crime of violence'' is a felony offense that 
        is--
                    (A) punishable by imprisonment for a term exceeding 
                one year; and
                    (B) a crime of violence as defined in section 16 of 
                title 18, United States Code;
            (2) the term ``serious drug trafficking offense'' is a 
        felony offense that is--
                    (A) punishable by imprisonment for a term exceeding 
                one year; and
                    (B) defined in section 924(e)(2)(A) of title 18, 
                United States Code;
            (3) the term ``serious felony'' means a felony punishable 
        by imprisonment for a term exceeding 1 year, or any act of 
        juvenile delinquency involving the use or carrying of a 
        firearm, knife, or destructive device that would be punishable 
        by imprisonment for such term if committed by an adult, that--
                    (A) has as an element the use, attempted use, or 
                threatened use of physical force against the person of 
                another;
                    (B) is burglary, arson, or extortion, involves use 
                of explosives, or otherwise involves conduct that 
                presents a serious potential risk of physical injury to 
                another; or
                    (C) involves conduct in violation of section 401 of 
                the Controlled Substances Act that consists of illegal 
                distribution of a controlled substance;
            (4) the term ``crime of violence involving a sexual 
        assault'' is a crime of violence that is an offense as defined 
        in chapter 109A of title 18, United States Code; and
            (5) the term ``State'' includes the District of Columbia, 
        Puerto Rico, and any other territory or possession of the 
        United States.
    (f) Regional Prison Fund.--There is established in the Treasury the 
Regional Prison Fund. The Regional Prison Fund shall consist of--
            (1) sums appropriated to it by Act of Congress;
            (2) notwithstanding section 1401 of the Victims of Crime 
        Act of 1984 (42 U.S.C. 10601) or any other provision of law, 
        the total of criminal fines deposited in the Crime Victims Fund 
        during each fiscal year (beginning after the date of the 
        enactment of this Act) that exceeds $150,000,000;
            (3) notwithstanding any other provision of law, any portion 
        of the Department of Justice Asset Forfeiture Fund that the 
        Attorney General determines is remaining after distributions 
        of--
                    (A) funds to be shared with State and local law 
                enforcement;
                    (B) funds to pay warehouse and appraisal fees and 
                innocent lien holders; and
                    (C) funds for Federal law enforcement.
    (g) Transfers.--The Secretary of the Treasury shall from time to 
time make appropriate transfers between funds to implement subsection 
(f).
    (h) Use of Regional Prison Fund.--The Attorney General may use any 
sums in the Regional Prison Fund to carry out this section.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Regional Prison Fund--
            (1) $1,000,000,000 for each of fiscal years 1994 through 
        1996; and
            (2) such sums as may be necessary thereafter through fiscal 
        year 2004.

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